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Criminal Law Keyed to Osler
United States v. Yoshida
Citation:
303 F.3d 1145 (9th Cir. 2002)Facts
Three people paid $50,000 each with someone named “Snakehead” to smuggle them into the United States. The aliens started in China, traveled to the “staging” country of Thailand, then traveled to the “transit” country of Japan, and the target country of the United States. Before starting the last leg of their journey, a male escort provided the three aliens with passports, airline tickets, and boarding passes in the Japanese airport under three fake names. The male escort then pointed to the defendant and told the aliens that she would escort them the rest of the way. The defendant was walking past slowly when the male escort pointed them out, and the three aliens followed her as she picked up her pace and got them to the airport gate for the final boarding call of their flight. The defendant than sat in the row behind the aliens on the fight. She never talked to or made eye contact with the defendant.
Upon arrival, the defendant was patted down by a INS inspector after the inspector noticed a bulge in the defendant’s underwear. The bulge was tickets for baggage claim under two of the alien’s alias’s name. When asked, the defendant said that she was headed to Miyako Hotel in Las Vegas, Nevada. However, that hotel did not exist. Defendant now appeals his convictions under 8 USC 1324(a)(1)(A)(iv) and 8 USC 1324(a)(2)(B)(ii).
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